HB 1229-FN – AS INTRODUCED
2006 SESSION
04/01
HOUSE BILL 1229-FN
AN ACT prohibiting the use of false documentation for employment, government services, or permits.
SPONSORS: Rep. Renzullo, Hills 27; Rep. Buhlman, Hills 27; Rep. Ulery, Hills 27; Rep. Villeneuve, Hills 18
COMMITTEE: Criminal Justice and Public Safety
This bill prohibits false documentation used to obtain employment, government services or benefits, or permits, licenses, registrations, or certifications.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2360
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT prohibiting the use of false documentation for employment, government services, or permits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Fraud; False Documentation for Employment, Government Services, or Permits. Amend RSA 638 by inserting after section 15-a the following new section:
638:15-b False Documentation for Employment, Government Services, or Permits. A person is guilty of a class A misdemeanor if such person knowingly does any of the following:
I. Falsely creates, alters, or assists in the false creation or alteration of any document used to obtain employment, government services or benefits, or permits, licenses, registrations, or certifications.
II. Solicits from another the false creation or alteration of such documents.
III. Uses, offers, or presents as authentic a falsely created or altered document listed in paragraph I.
IV. Sells, gives, purchases, or obtains, or assists in the selling, giving, purchasing, or obtaining of a false document in the application for:
(a) Employment.
(b) Admission to any educational program.
(c) Any state or local service or benefit, including but not limited to temporary assistance for needy families, unemployment compensation, or tax credits or abatements.
(d) Any state or local permit, license, registration, or certification.
2 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2360
11/1/05
HB 1229-FN - FISCAL NOTE
AN ACT prohibiting the use of false documentation for employment, government services, or permits.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, and Association of Counties states this bill may increase state and county expenditures by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill would establish a class A misdemeanor offense for fake documentation for employment, government services, or permits. Class A misdemeanors carry the potential of incarceration and, therefore, the potential for de novo appeals to the Superior Court for a jury trial. Class A misdemeanors can also involve appeals to the Supreme Court. The recently completed New Hampshire Judicial Needs Assessment prepared by the National Center for State Courts estimates a class A misdemeanor has a judicial case weight of 15.3 minutes in the District Court, and 65 minutes for Superior Court appeals. As a result, the Branch states it would take several cases under this bill to result in a fiscal impact over $10,000.
The Judicial Council assumes that any cases arising from the enactment of this bill for which the Indigent Defense Fund may be liable will, in the first instance, be handled by the public defender or a contract attorney who accept these cases on a fixed fee basis of $275 per misdemeanor charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,000 will apply. If a motion to exceed the fee cap is approved and/or “services other than counsel” are approved, these will also be chargeable to the Indigent Defense Fund. Any charge within the criminal justice system, committed by a juvenile, will be compensated within the flat fee contract system of $275 per case through disposition, plus $206.25 for each and every review hearing following disposition. Assigned counsel will be at the $60 per hour rate with a fee cap of $1,200. The fee cap may be waived upon motion filed with the court and approved in advance. Any case where a defendant has been found guilty may also result in appeals to either the Superior Court or to the Supreme Court which would
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11/1/05
have a cost implication for Indigent Defense expenditures made by the State. The Council is unable to predict the number of cases which may result from the passage of this bill, and are unable to determine the exact fiscal impact at this time.
The Association of Counties states to the extent individuals are prosecuted, the county may incur the cost of pre-trial detainment at the county department of corrections, as well as the cost of sentenced inmates under the new law. The average annual cost for counties to incarcerate inmates is $21,633.55. The Association states the total exposure to the counties would be dependent on the number of individuals convicted and sentenced under the new law, which cannot be determined at this time.
The New Hampshire Municipal Association states this bill will have no fiscal impact on local revenue or expenditures.
The Departments of Safety, Justice, and Administrative Services state this bill will have no fiscal impact on their Departments.